Personal Concierge Terms And Conditions

By activating your account and using the VIP Personal Assistance/Concierge Service (“The Service”), you agree to all of these terms and conditions of this Personal Assistance/Concierge Service Usage Agreement ("Usage Agreement"). If you do not agree with any of the terms or conditions contained herein, please do not use The Service.

The Service reserves the right to change, modify, add or remove portions of this Usage Agreement or the terms or conditions contained herein at any time. Changes to the agreement will be periodically made and included in a new "Usage Agreement" which will be posted in replacement of the old "Usage Agreement". Your continued use of The Service following the posting of any changes will mean that you have accepted the changes.

1. Definitions.

The Service is the information and task service provided to you by the company that issued you the benefit or its’ affiliates and third parties. "You" or "yours" refers to each person who establishes an authorized account ("Account") or who is authorized to access and use The Service.

2. General.

The Registration Form, this Usage Agreement and any other policies relating to the use of The Service (collectively, this "Agreement") set forth the terms and conditions that apply to your use of the Service. By submitting the Registration Form, or by using The Service, you are deemed to have agreed to comply with all of the terms and conditions of this Agreement. The right to use The Service is personal to you and only you.

3. Usage.

Every call will be rounded up to the next full minute interval. Each call's length is calculated by the amount of time Your Personal Assistant spends on your query, whether on the phone with You or not. You may only sign up one phone number per each individual account to access the Service. You may only call from the phone number registered on the account.

The Service cannot function in the same capacity as a full-time, employed personal assistant. You may not request specific personal assistants by name or by area of expertise unless a personal assistant is currently working on a request for you. You also may not ask a personal assistant to have extensive prior knowledge of personal peculiarities in order to accommodate a request.

The Service is limited in the following matters:
a. the Service cannot provide legal, medical or tax advice;
b. the Service cannot guarantee pricing or preferential treatment (e.g., seating, pricing or availability for a restaurant, airfare, or concert);
c. the Service cannot place eBay bids, and requests made to find the lowest priced products or services will be done so in a reasonable manner until the personal assistant believes that the price found is the lowest reasonable price.
d. the Service cannot be used for physical tasks (e.g., picking up dry cleaning or coffee);
e. the Service cannot be used to ship items to our location;
f. the Service cannot be used to save information in our database or computers for future reference;
g. the Service may place limits on the number of times it can be used for "wakeup" or reminder calls;
h. the Service cannot perform personal or employment background checks; and
i. the Service cannot make outbound calls in a sales capacity or perform communications that are marketing in nature.

» In General

As a condition of using the Service you agree to abide by all applicable local, state, national and international laws and regulations relevant to the use of the Service. In addition, you warrant that you will not use the Service for any purpose that is unlawful or prohibited by this Agreement (including, without limitation, any use that infringes another's copyright rights). You may not use the Service in any manner that could damage, disable, overburden or impair our Web site, Call Center, any user of the Web site, any user of the Call Center, or interfere with any other party's use of The Service.

» Copyright and Trademark Protection

All materials contained on the Service (including, without limitation, the Web site's "look and feel," layout, design, text, software, images, graphics, video and audio content "Materials") are the property of The Service, its partners and its affiliated companies or licensors and are protected by U.S. copyright, trademark and other intellectual property laws and international treaties.

» Third Party Web Sites

Links and query results to other Internet resources are provided for your convenience. These online resources have been chosen by The Service due to their ease of use and relevance of information, and such resources' development and maintenance are not under the direction of The Service thus, the content, accuracy, opinions expressed and other links provided by these resources are neither verified by The Service nor endorsed by The Service.
Because The Service has no control over such Web sites and resources, you acknowledge and agree that The Service is not responsible for the availability of such external Web sites or resources. In addition, you acknowledge and agree that The Service does not endorse and is not responsible or liable for any content, advertising, products or other materials on or available from such Web sites or resources. Furthermore, you acknowledge and agree that The Service will not be liable, directly or indirectly, for any damage or loss caused by the use of any such content, products or materials.
The use of the Service is for informational purposes only. User is solely responsible for any consequences of their use of any of the information provided by The Service. The user understands that The Service is solely a third party employed to retrieve information at the user's request. The Service will in no way be held liable for any recommendations, advice, directions, usage, or any other information that is relayed by fax, email, text message, verbal, written, or any other electronic media or communication method.

» Web Searches

A significant portion of The Service involves our phone agents visiting online resources on behalf of the User. The Service reserves the right not to visit any website The Service deems inappropriate for any reason by any phone agent. If the data needed was not retrieved because it was contained or listed on an inappropriate website, then the User does not qualify for a "minutes used" reimbursement.

» Call Recording

User understands that all telephone calls to The Service may be monitored for quality assurance purposes. User understands that all telephone calls to and from The Service will be recorded, and might be reviewed for quality assurance purposes at any time. Recorded phone call conversations will only be accessible to the Quality Assurance Team and will be kept on a remote secure server for a duration deemed necessary.
All queries submitted to The Service in any form or fashion will become property of The Service and its partners or subsidiaries along with the answer and replies. The Service reserves the right to anonymously publish any websites, questions, queries, comments, responses, or any other form of media whether voice recorded, written, transcribed, text messaged, or any other form of communication for any purpose it sees fit. The Service ensures that the identity of any of its members or any of the people that its members or Users requests searches on will be kept within its organization and not used for any other purpose other than history tracking.

» Other Correspondence

User understands that all correspondence with The Service whether it be written, emailed, text-messaged, spoken, or transmitted by any other form of communication will be kept on record for an unlimited duration, and will be used for the sole purpose of record keeping and quality assurance by The Service.
Text messaging - User will not hold The Service responsible for any lost text messages, emails, or any other correspondence generated by The Service or User. User understands that due to The Service's lack of control on whether the electronic media sent over the public domain, that any resulting claims for loss of time, money, material or otherwise cannot be claimed against The Service If The Service sends a response to a query whether text messaged or called in to a User and the User dos not receive the message, the User may call The Service query phone line and either ask for the answer to be verbalized or resent via text message. The User will not be charged for that call as long as the only purpose for the call is to retrieve an answer never received.
By agreeing to the terms and conditions of The Service, the customer also allows the company who has gifted the customer with a complimentary account to be able to able to text message the customer with periodic text messages. The customer can elect to opt out of receiving the text messages by calling the provided toll free number and opting out of the service.

» Purchasing Authorizations

At the User's request, The Service or its agents may purchase items either over the Internet or on the phone with third party vendors with the User's credit card. In the event that the User initially wants The Service to make purchases for the User, the User will be asked for a credit card to be used for those charges. All voice authorizations will be digitally recorded and kept for an indefinite amount of time. All disputes with charges need to be addressed to your Credit Card Company or merchant first. The Service does not warrant or stand behind any purchases made on the User's behalf. All invoices, shipping information, etc. will be sent directly to Users email address for vendor. The Service or any of its agents are merely third parties here to facilitate the purchase. The Service does not receive any monetary compensation from any of the transactions other than the billing minutes used in the process.

» Privacy Policy

The Service keeps the personal information of any of its members or Users, whether current or past in the strictest of confidence. The Service neither shares nor distributes lists or information to any other services or companies. All queries or requests compiled by The Service will remain in the company security archives. Although The Service will take every reasonable precaution to safeguard its database and compiled customer lists etc., The Service, its agents or any of its affiliates cannot be held liable for any personal information being publicly released by way of theft, piracy, hacking into server or any other illegal means.

4. Text Message Marketing.

The company that gave you access to The Service may also run text message marketing campaigns. By registering with The Service through this website you are agreeing to receive periodic marketing text messages that the provider of The Service may send. Standard text messaging charges apply. You may opt to cancel the receiving of these text messages at any time. Simply reply to any of the text messages received with any of the words END, STOP, QUIT, CANCEL or UNSUBSCRIBE. You will immediately receive a confirmation text confirming you decision to quit receiving the messages. You may also text the word HELP to the short code provided at any time to receive the program description, opt out information, program web site address, support email address or phone number to call for support. Standard text messaging charges apply. You may also call the automated opt out hotline at 877-2QUITME (877-278-4863) and the automated system will automatically remove you from any future marketing text messages. You may also send us an email at support@vipactivate.com to opt out of future messages. You will receive an email confirmation once you have been opted out. Please allow up to 3 business days to be processed. The Service is not responsible for the text message content sent to you by our affiliates. If you are suspicious of abuse of the program or are receiving text message content that you did not sign up for, please alert us immediately by calling us at 888-847-1411 or emailing us at support@vipactivate.com.

5. Intellectual Property Rights.

You acknowledge that the Service contains copyrighted material, trademarks, and other proprietary information owned by The Service and its licensors, and that your subscription does not confer on you any right, title or interest in or to the Service, the related documentation or the intellectual property rights relating thereto. Unauthorized copying of any portion of the Service may result in litigation under applicable copyright, trademark or other intellectual property laws or international treaties and loss of privileges granted pursuant to this Agreement.

6. Disclaimer of Warranty; Limitation of Liability.

You expressly agree that use of the service is at your sole risk. Neither the service, its affiliates, nor any of their respective employees, agents, third-party content providers or licensors makes any warranty whatsoever, including without limitation: that the operation of the service will be uninterrupted or error-free; as to the results that may be obtained from use of the service or as to the accuracy, reliability, availability, suitability, quality, or operation of any information, software, or service provided on or accessible from the service.
The service is provided on an "as is" basis without warranties of any kind, express or implied, including but not limited to warranties of title and noninfringement and the implied warranties of merchantability or fitness for a particular purpose, other than those warranties which are implied by and incapable of exclusion, restriction or modification under applicable law.
In no event shall the service be liable to you or any other person or entity for loss of business or profits, or for any indirect, special, incidental, or consequential damages arising out of the use, or inability to use, the service, even if the service was previously advised of the possibility of such damages, or for any other claim related to the service. Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above exclusions may not apply to you. You may also have other rights which vary according to jurisdiction.

7. Indemnification.

To the maximum extent permitted by law, you agree to defend, indemnify, and hold harmless The Service, its affiliates, partners, service providers and their respective directors, officers, employees, and agents from and against all claims and expenses, including attorneys' fees, arising out of the use or unauthorized copying of the Service or any of its content, the violation of this Agreement or any applicable laws or regulations, or arising out of your violation of any rights of a user by you or your Account.

8. Termination of Agreement.

You may terminate this Agreement anytime after the date of activation of your Account upon notice sent via the Hawthorne Commons Concierge Web Site. Such termination shall take effect within five (5) business days.

Hawthorne Commons Concierge may terminate this agreement immediately if it determines, in its sole discretion, to eliminate the Service, or due to a breach of this agreement or misuse of the Service including, but not limited to verbal or written abuse, profanity, unacceptable questions, making threats, using the Service in the commission of a crime, violating privacy laws, asking questions or making statement deemed inappropriate by the Hawthorne Commons Concierge agents or any other use that constitutes misuse. "Misuse" may also mean calling Hawthorne Commons Concierge or submitting requests that are considered frivolous in nature or using the service for reasons that are not considered need-based. Furthermore, access to Hawthorne Commons Concierge is to be used solely by the named recipient of the Service. Your service may be terminated if at any time, Hawthorne Commons Concierge is used by or for a person other than the person named on the account. Termination of this Agreement automatically terminates your use of the Service and any content or other material contained therein. Your account will expire at midnight of the expiration date of your service. The term of this agreement will start on the day you registered your Hawthorne Commons Concierge.

9. Miscellaneous.

This Agreement is entire and complete, and no representations, warranties, agreements or covenants, express or implied, of any kind or character whatsoever have been made by either party to the other, except as expressly set forth in this Agreement. This Agreement may be modified or changed from time to time at our sole discretion. We will notify you of amendments to these terms and conditions by posting to them to this website.